Title 7 — SPECIAL PROCEEDINGS

7-1101. Title of act. This act shall be known as the Paternity Act.

7-1102. Jurisdiction of district court. The district courts shall have exclusive original jurisdiction in proceedings to establish paternity and, in any such proceeding in which it makes a finding of paternity, to order support and determine custody, as set forth in this act.

7-1103. Definitions. When used in this act: (1) The phrase "child conceived or born out of wedlock" refers to a child who is conceived outside of lawful matrimony but has not yet been born or who is begotten and born outside of lawful matrimony. (2) The word "child" refers to chi…

7-1104. Order fixes legal relationships. After an order of filiation has been made as herein provided, the legal status and legal relationships and the rights and obligations between a person and his descendants, and between a person and his parents, their descendants and kindred…

7-1105. Parents liable for support and education — Deceased parent — Liability of estate. Each parent of a child conceived or born out of wedlock is liable for the necessary support and education of the child and for the child’s funeral expenses. If a parent dies, an order of sup…

7-1106. Acknowledgment of paternity. (1) A voluntary acknowledgment of paternity for an Idaho birth shall be admissible as evidence of paternity and shall constitute a legal finding of paternity upon the filing of a signed and notarized acknowledgment with the vital statistics un…

7-1107. Limitation of action. (1) Except as provided in section 16-1504(10), Idaho Code, a proceeding to establish paternity of the child under the provisions of this chapter may be instituted either before or after the birth of the child but must be instituted before the child r…

7-1108. Death of mother — Proceedings continue. If, after the action is commenced, the mother dies or is judicially determined an incompetent, the proceeding does not abate but may be continued by her executor, administrator, guardian, or such other personal representative as may…

7-1109. Venue — Birth out of state no bar. Proceedings to establish paternity may be originated in the county where the mother or child resides or is found or in the county where the putative father resides or is found. The fact that the child was born outside of the state of Ida…

7-1110. Proceedings — By whom brought. Proceedings to establish the paternity of the child and to compel support under this act may be commenced by the mother, whether a minor or not, or by the child’s guardian or other person standing in a paternal relation or being the next of …

7-1111. Commencement of proceedings. (1) Proceedings are commenced by either the filing of a verified voluntary acknowledgment of parentage executed by both the mother and father of the child; or by the filing of a verified complaint, alleging that the person named as defendant i…

7-1112. Warrant for arrest — When issued. The court may issue a warrant, directing the defendant be arrested and brought before the court, when a petition is presented to the court to commence the proceedings and it appears that: (1) the summons cannot be served; or (2) the defen…

7-1113. Bond. The court before whom the defendant is taken under the preceding section may require an undertaking to appear or in default thereof may place the defendant in custody.

7-1114. Trial by court — Testimony on access — Corroboration required. The trial shall be by the court without a jury. If the mother is married both she and her husband may testify to nonaccess. If the defendant shall offer testimony of access by others at or about the time charg…

7-1115. Testimony and evidence relating to paternity. Evidence relating to paternity, whether given at the trial or the pretrial hearing, may include, but is not limited to: (1) Evidence of sexual intercourse between the mother and alleged father at any possible time of conceptio…

7-1116. Genetic tests. (1) The court may, and upon request of a party shall, require the child, mother, alleged father, or any male witness who testifies or will testify about his sexual relations with the mother at a possible time of conception to submit to genetic tests. The de…

7-1117. Expert witnesses appointed by court — Compensation — Payment. The compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. The court may order that it be paid by the parties in such propor…

7-1118. Expert testimony — When action dismissed. If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the defendant is not the father of the child, the question of paternity shall be resolved accordingly, and the…

7-1119. Presumption of legitimacy — When rebutted. The presumption of legitimacy of a child born during wedlock is overcome by: (1) Genetic tests which show that the husband is not the father of the child; or (2) An affidavit of nonpaternity signed by the natural mother and her h…

7-1120. Order of filiation. If the court finds the defendant is the father of the child, it shall make an order of filiation, declaring paternity.

7-1121. Order for support — Continuance beyond age of 18 — Other payments by father. (1) In a proceeding in which the court has made an order of filiation, the court may direct a father possessed of sufficient means or able to earn such means to pay monthly or at other fixed peri…

7-1122. Payment to mother or trustee — Report to court. (1) The court may require the payment to be made to the mother or to some person or corporation designated by the court as trustee. If the child is likely to become a public charge on a county or city, the public assistance …

7-1123. Change of trustee. The court, on motion of the plaintiff or otherwise, may at any time for good cause shown substitute another trustee for the one designated and acting.

7-1124. Full faith and credit. A voluntary acknowledgment of paternity or a determination of paternity by a court or administrative body of any state must be accepted as determinative by the courts of this state and shall be entitled to full faith and credit.

7-1125. No right to jury trial. There shall be no right to a jury trial in proceedings under this chapter.

7-1126. custody of children — best interest. In any proceeding to determine custody under the provisions of this chapter, the court shall apply sections 32-717 through 32-717E, Idaho Code. However, the court shall not consider whether or not the mother or father did or did not vo…